Adhikari v Minister for Immigration, Citizenship and Multicultural Affairs [2023] FCA 670

Federal Court of Australia

Adhikari v Minister for Immigration, Citizenship and Multicultural Affairs [2023] FCA 670 Appeal from: Adhikari v Minister for Immigration, Citizenship, Migrant Services and Multicultural Affairs [2021] FedCFamC2G 137

File number(s): NSD 1246 of 2021

Judgment of: JACKMAN J

Date of judgment: 20 June 2023

Catchwords: MIGRATION – application for extension of time to seek leave to appeal from, and if granted appeal from, primary judgment – where medical treatment visa refused on the basis that the applicant failed to meet the requirements of the Migration Regulations 1994 (Cth), Sch 2, cl 602.215 – the filing of incorrect forms may be an adequate explanation for delay – whether insufficient weight was placed on the applicant's medical evidence – Tribunal's decision assessed by reference to the circumstances existing at the time of the decision – no realistic prospect of appeal succeeding – application dismissed

Legislation: Migration Regulations 1994 (Cth) Sch 2, cll 602.212, 602.215 Federal Court Rules 2011 (Cth) rr 36.03, 36.05

Cases cited: Adhikari v Minister for Immigration, Citizenship, Migrant Services and Multicultural Affairs [2021] FedCFamC2G 137 BQQ15 v Minister for Home Affairs [2019] FCAFC 218 GOK18 v Minister for Immigration, Citizenship, Migrant Services and Multicultural Affairs [2021] FCAFC 169 Kheir v Minister for Immigration, Citizenship, Migrant Services and Multicultural Affairs [2019] FCA 1974 Mailau v Minister for Immigration, Citizenship, Migrant Services and Multicultural Affairs [2023] FCAFC 12 Minister for Immigration and Ethnic Affairs v Wu Shan Liang (1996) 185 CLR 259 Minister for Immigration, Citizenship, Migrant Services and Multicultural Affairs v EGZ17 [2022] FCAFC 12; (2022) 289 FCR 164